Suspect in $300,000 gem theft in Novato may be released Gary Klien Posted: 09/25/2008 06:12:00 PM PDT var requestedWidth = 0; if(requestedWidth Kaushal Niroula if(requestedWidth > 0){ document.getElementById('articleViewerGroup').style.width = requestedWidth + "px"; document.getElementById('articleViewerGroup').style.margin = "0px 0px 10px 10px"; } A man charged with stealing $300,000 in jewelry from an elderly Novato woman was ordered released on his own recognizance this week after prosecutors were unprepared to conduct a pre-trial examination of the evidence. Kaushal Niroula, 27, was supposed to have his preliminary hearing Wednesday, a proceeding that allows a judge to determine whether there is enough evidence to justify a trial, but prosecutors have been unable to find some key witnesses to serve subpoenas. Also, a lead investigator in the case is on his honeymoon and was unavailable to testify. Since Niroula is entitled to have a preliminary hearing in a timely fashion, Judge Kelly Simmons told the district attorney's office she would either order Niroula's release from jail pending further hearings, or dismiss the case. Deputy District Attorney Dori Ahana said the case should not be dismissed, so Simmons granted Niroula release on his own recognizance. But whether he actually gets out of jail remains up in the air, because he is also being held on an arrest warrant in a San Francisco case where is accused of stealing more than $450,000 from an associate and spending it on a gambling trip to Las Vegas. In addition, Niroula, a citizen of Nepal, is being detained on a federal immigration hold. A former international exchange student in San Francisco, Niroula said he is seeking political asylum because of his close ties to the deposed royal family of Nepal. After Simmons' ruling Wednesday, Niroula'sdefense attorney, Robert Amparan, said he expects Niroula to be out of custody within days. Amparan said Niroula is not a flight risk and that his passport has expired. Niroula is accused of stealing jewelry from the bedroom of InaMae Valentino, a 78-year-old Novato woman, because he knew he was going to be arrested in the San Francisco theft case and would need bail money. Niroula was a friend of Valentino's 54-year-old son, Stephen, and occasionally stayed in the Valentino home. Niroula has pleaded not guilty to charges of theft and embezzlement of an elder or dependent adult. He faces up to five years in prison, and possible deportation.